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                               CORRECTIVE REPRINT
        PRIOR PRINTER'S NOS. 1029, 4021               PRINTER'S NO. 4171

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 873 Session of 2003


        INTRODUCED BY GEIST, STERN, CAPPELLI, CIVERA, CREIGHTON,
           FRANKEL, HARHAI, HERSHEY, HESS, HORSEY, LaGROTTA, MANN,
           MARSICO, SATHER, E. Z. TAYLOR, THOMAS, WATSON, WOJNAROSKI,
           MAHER AND HARPER, MARCH 13, 2003

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 9, 2004

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for suspension of operating
     3     privilege and for careless driving.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1532(a) of Title 75 of the Pennsylvania    <--
     7  Consolidated Statutes, amended October 4, 2002 (P.L.845,
     8  No.123), is amended to read:
     9  § 1532.  Suspension of operating privilege.
    10     (a)  One-year suspension.--The department shall suspend the
    11  operating privilege of any driver for one year upon receiving a
    12  certified record of the driver's conviction of or an
    13  adjudication of delinquency based on any of the following
    14  offenses:
    15         (1)  Any felony in the commission of which a court
    16     determines that a vehicle was essentially involved.


     1         (3)  Any violation of the following provisions:
     2             Section 3714 (relating to careless driving) when the
     3         violation causes the death of another person.
     4             Section 3735.1 (relating to aggravated assault by
     5         vehicle while driving under the influence).
     6             Section 3742 (relating to accidents involving death
     7         or personal injury).
     8             Section 3742.1 (relating to accidents involving death
     9         or personal injury while not properly licensed).
    10             Section 7111 (relating to dealing in titles and
    11         plates for stolen vehicles).
    12             Section 7121 (relating to false application for
    13         certificate of title or registration).
    14             Section 7122 (relating to altered, forged or
    15         counterfeit documents and plates).
    16     * * *
    17     Section 2.  Section 3714 of Title 75 is amended to read:
    18     SECTION 1.  SECTIONS 1532(B)(1), 1535(A) AND 3714 OF TITLE 75  <--
    19  OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    20  § 1532.  SUSPENSION OF OPERATING PRIVILEGE.
    21     * * *
    22     (B)  SUSPENSION.--
    23         (1)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    24     OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A CERTIFIED
    25     RECORD OF THE DRIVER'S CONVICTION OF OR AN ADJUDICATION OF
    26     DELINQUENCY BASED ON ANY OFFENSE UNDER THE FOLLOWING
    27     PROVISIONS:
    28             SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
    29             SECTION 3714(B) (RELATING TO CARELESS DRIVING).
    30             SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO
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     1         AVOID IDENTIFICATION OR ARREST).
     2             SECTION 3736 (RELATING TO RECKLESS DRIVING).
     3             SECTION 3743 (RELATING TO ACCIDENTS INVOLVING DAMAGE
     4         TO ATTENDED VEHICLE OR PROPERTY).
     5         * * *
     6  § 1535.  SCHEDULE OF CONVICTIONS AND POINTS.
     7     (A)  GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
     8  CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
     9  PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
    10  PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
    11  IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
    12  OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
    13  ACCORDANCE WITH THE FOLLOWING SCHEDULE:
    14  SECTION NUMBER                 OFFENSE                  POINTS
    15     1512                VIOLATION OF RESTRICTION ON
    16                         DRIVER'S LICENSE.                   2
    17     1571                VIOLATION CONCERNING LICENSE.       3
    18     3102                FAILURE TO OBEY POLICEMAN OR
    19                         AUTHORIZED PERSON.                  2
    20     3112(A)(3)(I) OR    FAILURE TO STOP FOR A RED LIGHT.    3
    21         (II)
    22     3114(A)(1)          FAILURE TO STOP FOR A FLASHING
    23                         RED LIGHT.                          3
    24     3302                FAILURE TO YIELD HALF OF ROADWAY
    25                         TO ONCOMING VEHICLE.                3
    26     3303                IMPROPER PASSING.                   3
    27     3304                OTHER IMPROPER PASSING.             3
    28     3305                OTHER IMPROPER PASSING.             3
    29     3306(A)(1)          OTHER IMPROPER PASSING.             4
    30     3306(A)(2)          OTHER IMPROPER PASSING.             3
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     1     3306(A)(3)          OTHER IMPROPER PASSING.             3
     2     3307                OTHER IMPROPER PASSING.             3
     3     3310                FOLLOWING TOO CLOSELY.              3
     4     3321                FAILURE TO YIELD TO DRIVER ON THE
     5                         RIGHT AT INTERSECTION.              3
     6     3322                FAILURE TO YIELD TO ONCOMING
     7                         DRIVER WHEN MAKING LEFT TURN.       3
     8     3323(B)             FAILURE TO STOP FOR STOP SIGN.      3
     9     3323(C)             FAILURE TO YIELD AT YIELD SIGN.     3
    10     3324                FAILURE TO YIELD WHEN ENTERING OR
    11                         CROSSING ROADWAY BETWEEN INTER-
    12                         SECTIONS.                           3
    13     3332                IMPROPER TURNING AROUND.            3
    14     3341(A)             FAILURE TO OBEY SIGNAL INDICATING
    15                         APPROACH OF TRAIN.                  2
    16     3341(B)             FAILURE TO COMPLY WITH CROSSING
    17                         GATE OR BARRIER.                    4
    18                                         (AND 30 DAYS' SUSPENSION)
    19     3342(B) OR (E)      FAILURE TO STOP AT RAILROAD
    20                         CROSSINGS.                          4
    21     3344                FAILURE TO STOP WHEN ENTERING FROM
    22                         ALLEY, DRIVEWAY OR BUILDING.        3
    23     3345(A)             FAILURE TO STOP FOR SCHOOL BUS
    24                         WITH FLASHING RED LIGHTS.           5
    25                                         (AND 60 DAYS' SUSPENSION)
    26     3361                DRIVING TOO FAST FOR CONDITIONS.    2
    27     3362                EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
    28                                                  6-10       2
    29                                                 11-15       3
    30                                                 16-25       4
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     1                                                 26-30       5
     2                                                 31-OVER     5
     3                                         (AND DEPARTMENTAL HEARING
     4                                         AND SANCTIONS PROVIDED
     5                                         UNDER SECTION 1538(D))
     6     3365(B)             EXCEEDING SPECIAL SPEED LIMIT
     7                         IN SCHOOL ZONE.                     3
     8     3365(C)             EXCEEDING SPECIAL SPEED LIMIT
     9                         FOR TRUCKS ON DOWNGRADES.           3
    10     3542(A)             FAILURE TO YIELD TO PEDESTRIAN IN
    11                         CROSSWALK.                          2
    12     3547                FAILURE TO YIELD TO PEDESTRIAN ON
    13                         SIDEWALK.                           3
    14     3549(A)             FAILURE TO YIELD TO BLIND
    15                         PEDESTRIAN.                         3
    16     3702                IMPROPER BACKING.                   3
    17     [3714] 3714(A)      CARELESS DRIVING.                   3
    18     3745                LEAVING SCENE OF ACCIDENT
    19                         INVOLVING PROPERTY DAMAGE ONLY.     4
    20     * * *
    21  § 3714.  Careless driving.
    22     (A)  GENERAL RULE.--Any person who drives a vehicle in         <--
    23  careless disregard for the safety of persons or property is
    24  guilty of careless driving, a summary offense. If the person who  <--
    25  violates this section SUMMARY OFFENSE.                            <--
    26     (B)  UNINTENTIONAL DEATH.--IF THE PERSON WHO VIOLATES THIS
    27  SECTION unintentionally causes the death of another person as a
    28  result of the violation, the person shall, upon conviction, be
    29  sentenced to pay a fine of $500.
    30     Section 3 2.  This act shall take effect in 60 days.           <--
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